0000928465-15-000005.txt : 20151023 0000928465-15-000005.hdr.sgml : 20151023 20151023170301 ACCESSION NUMBER: 0000928465-15-000005 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20151021 FILED AS OF DATE: 20151023 DATE AS OF CHANGE: 20151023 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AMCON DISTRIBUTING CO CENTRAL INDEX KEY: 0000928465 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-GROCERIES & GENERAL LINE [5141] IRS NUMBER: 470702918 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 BUSINESS ADDRESS: STREET 1: 7405 IRVINGTON ROAD STREET 2: POST OFFICE BOX 641940 (68164-7940) CITY: OMAHA STATE: NE ZIP: 68122 BUSINESS PHONE: 4023313727 MAIL ADDRESS: STREET 1: 7405 IRVINGTON ROAD STREET 2: POST OFFICE BOX 641940 (68164-7940) CITY: OMAHA STATE: NE ZIP: 68122 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ATAYAN CHRISTOPHER H CENTRAL INDEX KEY: 0001307899 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-15589 FILM NUMBER: 151173338 MAIL ADDRESS: STREET 1: C/O SLUSSER ASSOCIATES, INC. STREET 2: 153 EAST 53RD STREET CITY: NEW YORK STATE: NY ZIP: 10022 4 1 primary_doc.xml PRIMARY DOCUMENT X0306 4 2015-10-21 0 0000928465 AMCON DISTRIBUTING CO DIT 0001307899 ATAYAN CHRISTOPHER H C/O AMCON DISTRIBUTING COMPANY 7405 IRVINGTON RD OMAHA NE 68122 1 1 1 0 CEO and Chairman Common Stock, par value $.01 per share 2015-10-21 4 M 0 3300 A 206719 D Common Stock, par value $.01 per share 2015-10-22 4 M 0 3300 A 210019 D Common Stock, par value $.01 per share 2015-10-23 4 M 0 3700 A 213719 D Restricted Stock Units Common Stock 9900 9900 D Restricted Stock Units 2015-10-21 4 M 0 3300 0 D Common Stock 6600 6600 D Restricted Stock Units 2015-10-22 4 M 0 3300 0 D Common Stock 3300 3300 D Restricted Stock Units 2015-10-23 4 M 0 3700 0 D Common Stock 0 0 D Series A Conv Pfd Stk, 30.31 2004-08-05 Common Stock 82481 100000 D Series B Conv Pfd Stk, par value $.01 per share 24.65 2004-10-08 Common Stock 8113.5 8000 D Restricted Stock Units ("RSUs") give the reporting person the right to receive, subject to being employed on the applicable vesting date, (i) cash equal to the per share Fair Market Value of common stock on the vesting date times the number of shares underlying the RSUs then vesting or (ii) common stock equal to the number of shares underlying the RSUs then vesting, as elected by the reporting person. Subject to earlier forfeiture under certain circumstances, these RSUs vest as to one-third of the total original 9,900 RSU award on October 20, 2016, October 20, 2017, and October 20, 2018. Restricted Stock Units ("RSUs") give the reporting person the right to receive, subject to being employed on the applicable vesting date, (i) cash equal to the per share Fair Market Value of common stock on the vesting date times the number of shares underlying the RSUs then vesting or (ii) common stock equal to the number of shares underlying the RSUs then vesting, as elected by the reporting person. Subject to earlier forfeiture under certain circumstances, these RSUs vest as to one-third of the total original 9,900 RSU award (3,771 RSUs awarded on October 21, 2014 and 6,129 RSUs awarded on December 19, 2014) on October 21, 2015, October 21, 2016, and October 21, 2017. On the October 21, 2015 vesting date RSUs were settled for 3,300 shares of common stock. Restricted Stock Units ("RSUs") give the reporting person the right to receive, subject to being employed on the applicable vesting date, (i) cash equal to the per share Fair Market Value of common stock on the vesting date times the number of shares underlying the RSUs then vesting or (ii) common stock equal to the number of shares underlying the RSUs then vesting, as elected by the reporting person. Subject to earlier forfeiture under certain circumstances, these RSUs vest as to one-third of the original 9,900 RSU award on October 22, 2014, October 22, 2015, and October 22, 2016. On the October 22, 2015 vesting date RSUs were settled for 3,300 shares of common stock. Restricted Stock Units ("RSUs") give the reporting person the right to receive, subject to being employed on the applicable vesting date, (i) cash equal to the per share Fair Market Value of common stock on the vesting date times the number of shares underlying the RSUs then vesting or (ii) common stock equal to the number of shares underlying the RSUs then vesting, as elected by the reporting person. Subject to earlier forfeiture under certain circumstances, these RSUs vest as to one-third of the original 11,100 RSU award on October 23, 2013, October 23, 2014, and October 23, 2015. On the October 23, 2015 vesting date RSUs were settled for 3,700 shares of common stock. Series A Convertible Preferred Stock may be redeemed by the Issuer, at its option, and must be redeemed, at the option of the holder, upon a change of control, as defined in the Series A Convertible Preferred Stock. Series A Convertible Preferred Stock does not have an expiration date and will remain outstanding and convertible at the option of the holder until converted or redeemed. Series B Convertible Preferred Stock may be redeemed by the Issuer, at its option, and must be redeemed, at the option of the holder, upon a change of control, as defined in the Series B Convertible Preferred Stock. Series B Convertible Preferred Stock does not have an expiration date and will remain outstanding and convertible at the option of the holder until converted or redeemed. Andrew C Plummer, atty in fact for Christopher H Atayan 2015-10-23